State v. Smith

The opinion of the Court was delivered by

Pocuá, J.

The State appeals from a judgment quashing an in*232formation against the accused for beeping a grog or tippling shop and retailing spirituous liquors without a license.

The penalty prescribed by law for such an offense is a fine of not less than one hundred or more than five hundred dollars, and in default of payment, an imprisonment of not less than thirty days or more than four months. Now, under the Constitution (Art. 81) our jurisdiction in criminal matters is restricted to cases in which “the punishment of death or imprisonment at hard labor…